Kyle-Moffat v Novex Insurance Company, 2020 BCSC 1757 – The Court provides an analysis of sequencing with competing abuse of process and certification motions.
RHE are counsel for individuals and businesses that were wrongly denied business interruption insurance coverage by Novex Insurance Company and Intact Insurance Company, as well as several other cases in B.C., Alberta and Ontario relating to denial of business interruption coverage. Many other class action claims have been filed across the country.
In Reasons for Judgment released on November 19, 2020, Mr. Justice Ross clarified the law in B.C. regarding sequencing of certification and carriage applications where proposed class actions have been filed in B.C. and other jurisdictions.
Since the reasons were released, RHE and plaintiffs’ counsel for other business interruption insurance claims in BC and elsewhere have chosen to work together collectively to fight on behalf of a national class of people and businesses wrongly denied business interruption coverage. This cooperation means that all counsels’ resources will be channeled to efficiently fight for justice without having any time or resources spent on fighting issues of carriage.